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Public school district agrees to pay $95,000 settlement after ACLU sues over Jesus picture

JACKSON, Ohio, October 9, 2013 (LifeSiteNews.com) – An Ohio school district has agreed to pay five anonymous complainants $3,000 each in damages, and the American Civil Liberties Union (ACLU) and the Freedom From Religion Foundation of Madison, Wisconsin, a combined $80,000 in court costs after being sued for keeping an image of Jesus Christ on school property, reports the Columbus Dispatch.

At issue was a painting of Jesus that had previously been displayed as part of a “Hall of Honor” at the Jackson City School District’s middle school, alongside images of other of famous historical figures. The image had been given to the school district as a gift by the high school “Hi-Y” student club in 1947, and hung there until this February. That was when the ACLU and the Freedom From Religion Foundation sued on behalf of two students and three parents who argued the painting amounted to an unconstitutional government endorsement of Christianity.

At the time, the school board responded by returning the picture to the student-run Hi-Y club, which chose to display it at the high school, which district officials said they had the right to do. District Superintendent Phil Howard vowed to fight the lawsuit, telling the school board, “A lot of things are permissible so long as they are student-led or student-initiated. I’m certainly not going to run down there and take the picture down because some group from Madison, Wisconsin, who knows nothing about the culture of our community or why the picture is even there, wants me to take it down.”

But when the school district’s insurance company said it would not reimburse them for costs incurred battling the lawsuit, district officials decided they had to give in.

In April, the district had the image of Jesus removed from public view. But the plaintiffs pressed on with their lawsuit, complaining that the picture could still potentially be seen by anyone who entered the art closet at the local high school, where the picture had been stored away. They alleged that to have an image of Jesus anywhere on school property was offensive and unconstitutional. They were also upset that the image had been displayed on the high school lawn during a National Day of Prayer service in May.

Now, the district has agreed to the $95,000 settlement. The picture of Jesus will be removed from school district property entirely and stored offsite.

The settlement papers state that the district admits no wrongdoing and simply wishes to avoid incurring any further legal costs. The district also agreed not to reveal the identities of the five complainants, who are referred to in court documents simply as “Sam Doe.”

“According to our legal counsel, it made more sense under the circumstances to resolve the matter, because further litigation could have exposed the district to a much larger claim by the ACLU for their legal fees,” Superintendent Howard told the Jackson County Daily. “Our attorneys felt like this was the best case scenario for the district because the legal fees were mounting by the day.”

Howard said the school district’s insurance company, not taxpayers, will foot the bill for the $95,000 payout.

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Disney ABC embraces X-rated anti-Christian bigot Dan Savage in new prime time show

March 30, 2015 (NewsBusters.org) -- Media Research Center (MRC) and Family Research Council (FRC) are launching a joint national campaign to educate the public about a Disney ABC sitcom pilot based on the life of bigoted activist Dan Savage. MRC and FRC contacted Ben Sherwood, president of Disney/ABC Television Group, more than two weeks ago urging him to put a stop to this atrocity but received no response. [Read the full letter]

A perusal of Dan Savage’s work reveals a career built on advocating violence — even murder — and spewing hatred against people of faith. Savage has spared no one with whom he disagrees from his vitriolic hate speech. Despite his extremism, vulgarity, and unabashed encouragement of dangerous sexual practices, Disney ABC is moving forward with this show, disgustingly titled “Family of the Year.”

Media Research Center President Brent Bozell reacts:

“Disney ABC’s decision to effectively advance Dan Savage’s calls for violence against conservatives and his extremist attacks against people of faith, particularly evangelicals and Catholics, is appalling and outrageous. If hate speech were a crime, this man would be charged with a felony. Disney ABC giving Dan Savage a platform for his anti-religious bigotry is mind-boggling and their silence is deafening.

“By creating a pilot based on the life of this hatemonger and bringing him on as a producer, Disney ABC is sending a signal that they endorse Dan Savage’s wish that a man be murdered. He has stated, ‘Carl Romanelli should be dragged behind a pickup truck until there’s nothing left but the rope.’ ABC knows this. We told them explicitly.

“If the production of ‘Family of the Year’ is allowed to continue, not just Christians but all people of goodwill can only surmise that the company Walt Disney created is endorsing violence.”

Family Research Council President Tony Perkins reacts:

“Does ABC really want to produce a pilot show based on a vile bully like Dan Savage? Do Dan Savage’s over-the top-obscenity, intimidation of teenagers and even violent rhetoric reflect the values of Disney? Partnering with Dan Savage and endorsing his x-rated message will be abandoning the wholesome values that have attracted millions of families to Walt Disney.”

Dan Savage has made numerous comments about conservatives, evangelicals, and Catholics that offend basic standards of decency. They include:

Proclaiming that he sometimes thinks about “f****ing the shit out of” Senator Rick Santorum

Calling for Christians at a high school conference to “ignore the bull**** in the Bible”

Saying that “the only thing that stands between my d*** and Brad Pitt’s mouth is a piece of paper” when expressing his feelings on Pope Benedict’s opposition to gay marriage

Promoting marital infidelity

Saying “Carl Romanelli should be dragged behind a pickup truck until there’s nothing left but the rope.”

Telling Bill Maher that he wished Republicans “were all f***ing dead”

Telling Dr. Ben Carson to “suck my d***. Name the time and place and I’ll bring my d*** and a camera crew and you can s*** me off and win the argument.”

Many would be surprised to learn that Texas law allows physicians to forcibly remove a feeding tube against the will of the patient and their family. In fact, there is a greater legal penalty for failing to feed or water an animal than for a hospital to deny a human being food and water through a tube.

This is because there is no penalty whatsoever for a healthcare provider who wishes to deny artificially-administered nutrition and hydration (AANH). According to Texas Health and Safety Code, “every living dumb creature” is legally entitled access to suitable food and water.

Denying an animal food and water, like in this January case in San Antonio, is punishable by civil fines up to $10,000 and criminal penalties up to two years in jail per offense. Yet Texas law allows health care providers to forcibly deny food and water from human beings – what they would not be able to legally do to their housecat. And healthcare providers are immune from civil and criminal penalties for denial of food and water to human beings as long as they follow the current statutory process which is sorely lacking in safeguards.

Therefore, while it is surprising that Texas has the only state law that explicitly mentions food and water delivered artificially for the purpose of completely permitting its forced denial (the other six states mention AANH explicitly for the opposite purpose, to limit or prohibit its refusal), it is not at all surprising that the issue of protecting a patient’s right to food and water is perhaps the one point of consensus across all major stakeholders.

H.B. 3074 is the first TADA reform bill to include only this provision that is agreed upon across all major players in previous legislative sessions.

There are irreconcilable ideological differences between two major right-to-life organizations that should supposedly be like-minded: Texas Alliance for Life and Texas Right to Life. Each faction (along with their respective allies) have previously sponsored broad and ambitious bills to either preserve but reform the current law (Texas Alliance for Life’s position) or overturn it altogether as Texas Right to Life aims to do.

Prior to H.B. 3074, bills filed by major advocacy organizations have often included AANH, but also a host of other provisions that were so contentious and unacceptable to other organizations that each bill ultimately died, and this mutually-agreed-upon and vital reform always died along with it.

2011 & 2013 Legislative Sessions present prime example

This 2011 media report shows the clear consensus on need for legislation to simply address the need to protect patients’ rights to food and water:

“Hughes [bill sponsor for Texas Right to Life] has widespread support for one of his bill’s goals: making food and water a necessary part of treatment and not something that can be discontinued, unless providing it would harm the patient.”

Nonetheless, in 2013, both organizations and their allies filed complicated, contentious opposing bills, both of which would have protected a patient’s right to food and water but each bill also included provisions the rival group saw as contrary to their goals. Both bills were ultimately defeated and neither group was able to achieve protections for patients at risk of forced starvation and dehydration – a mutual goal that could have been met through a third, narrow bill like H.B. 3074.

H.B. 3074 finally focuses on what unites the organizations involved rather than what divides them, since these differences have resulted in a 12 year standoff with no progress whatsoever.

H.B. 3074 is progress that is pre-negotiated and pre-approved.

It is not a fertile springboard for negotiations on an area of mutual agreement. Rather it is the culmination of years of previous negotiations on bills that all came too late, either due to the complexnature of rival bills, the controversy involved, or even both.

On the contrary, H.B. 3074 is not just simply an area of agreement; moreover, it is has already been negotiated. It should not be stymied by disagreements on language, since Texas Alliance for Life and Texas Right to Life (along with their allies) were able to agree on language in 2007 with C.S.S.B. 439. C.S.S.B. 439 reads that, unlike the status quo that places no legal conditions on when food and water may be withdrawn, it would be permitted for those in a terminal condition if,

“reasonable medical evidence indicates the provision of artificial nutrition and hydration may hasten the patient’s death or seriously exacerbate other major medical problems and the risk of serious medical pain or discomfort that cannot be alleviated based on reasonable medical judgment outweighs the benefit of continued artificial nutrition and hydration.”

This language is strikingly similar to H.B. 3074 which states, “except that artificially administered nutrition and hydration must be provided unless, based on reasonable medical judgment, providingartificially administered nutrition and hydration would:

Hasten the patient’s death;

Seriously exacerbate other major medical problems not outweighed by the benefit of the provision of the treatment;

Result in substantial irremediable physical pain, suffering, or discomfort not outweighed by the benefit of the provision of the treatment;

Be medically ineffective; or

Be contrary to the patient’s clearly stated desire not to receive artificially administered nutrition or hydration.”

Texas Right to Life would support the language in H.B. 3074 that already has Texas Alliance for Life’s endorsement. Any reconciliation on the minor differences in language would therefore be minimal and could be made by either side, but ultimately, both sides and their allies would gain a huge victory – the first victory in 12 years on this vital issue.

It seems that the Texas Advance Directive Act, even among its sympathizers, has something for everyone to oppose.

The passage of H.B. 3074 and the legal restoration of rights to feeding tubes for Texas patients will not begin to satisfy critics of the Texas Advance Directives Act who desire much greater changes to the law and will assuredly continue to pursue them. H.B. 3074 in no way marks the end for healthcare reform, but perhaps a shift from the belief that anything short of sweeping changes is an endorsement of the status quo.

Rather, we can look at H.B. 3074 as breaking a barrier and indicating larger changes are possible.

And if nothing else, by passing H.B. 3074 introduced by State Rep. Drew Springer, we afford human beings in Texas the same legal access to food and water that we give to our horses. What is cruel to do to an animal remains legal to do to humans in Texas if organizations continue to insist on the whole of their agenda rather than agreeing to smaller bills like H.B. 3074.

The question is, can twelve years of bad blood and bickering be set aside for even this most noble of causes?

Only 3 Days Left!

I can’t believe how quickly our annual Spring campaign has flown by. Now,with only 3 days remaining, we still have $96,000 left to raise to meet our absolute minimum goal.

That’s why I must challenge you to stop everything, right now, and make a donation of whatever amount you can afford to support the pro-life and pro-family investigative reporting of LifeSite!

I simply cannot overemphasize how important your donation, no matter how large or small, is to the continued existence of LifeSite.

For 17 years, we have relied almost exclusively on the donations of our growing army of everyday readers like you: readers who are tired of the anti-life and anti-family bias of the mainstream media, and who are looking for a different kind of news agency.

We at LifeSite have always striven to be that news agency, and your ever-faithful support has encouraged us to forge ahead fearlessly in this mission to promote the Culture of Life through investigative news reporting.

You will find our donation page is incredibly simple and easy to use. Making your donation will take less than two minutes, and then you can get back to the pressing duties scheduled for your day. But those two minutes means the world to us!

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The Benham Brothers are only one of many, many pro-life and family leaders, media personalities, politicians, and activists around the world who rely on LifeSite on a daily basis!

Since our humble beginnings in the late 90s, LifeSite has gone from a small non-profit to an international force in the battle for life and family, read by over 5 million people every month.

This is thanks only to the leaders, activists, and ordinary readers just like you who have recognized the importance truth plays in turning the tides of the Culture.

I want to thank the many readers who helped bring us within striking distance of our minimum goal with their donations over the weekend.

But though we have made great strides in the past few days, we still need many more donations if we are going to have any hope of making it all the way by April 1st.

In these final, anxious days of our quarterly campaigns, I am always tempted to give in to fear, imagining what will happen if we don’t reach our goal.

In these moments, however, I instead turn to prayer, remembering that God in his providence has never yet let us down. With His help we have always been given precisely what we need to carry on!